Amityville City Zoning Code
ARTICLE VA
TO Transit-Oriented Zoning District
§ 183-66.1 District established.
The Transit-Oriented (TO) District is hereby established with potential applicability to any property which is wholly zoned Industrial District as of the date of adoption of this article, and generally within the area bounded by Sterling Place on the north, West Oak Street on the south, Broadway on the east and County Line Road on the west. No property within such general area which is currently wholly within the B Residence District, or partially within the B Residence District and partially within the Industrial District, shall be eligible for inclusion in the TO District. The subject property shall also meet the lot, bulk, design and other requirements contained in this article, as determined by the Board of Trustees.
§ 183-66.2 Permitted uses.
In the TO Zoning District, no building or premises shall be used and no building shall hereafter be erected or altered, unless otherwise provided for in this article, except for one or more of the following uses:
A.
Multiple dwellings.
B.
Accessory uses:
(1)
Off-street parking and loading, including parking structures.
(2)
Open space or plaza areas accessible to the general public.
(4)
Courtyard areas, including amenities such as a swimming pool, gazebo, seating areas for use of the residents of the development.
(5)
Other customary accessory uses and buildings, provided that such uses are incidental to the principal use.
C.
Offices, personal service shops, retail stores and restaurants, in an existing building, which are deemed to be complementary to the transit-oriented use.
§ 183-66.3 Lot and bulk controls.
All development in the TO Zoning District shall meet or exceed the minimum standards contained herein.
A.
Building height. In a TO Zoning District, no building or structure hereafter erected or altered shall exceed 38 feet in height. The following exceptions are permitted:
(1)
Parapets, not exceeding three feet in vertical distance from the base to the highest point.
(2)
Stairwell or elevator bulkheads, water tanks, chimneys, heating and air-conditioning apparatus, or other mechanical equipment projections occupying less than 10% of the area of the roof and not exceeding 12 feet in vertical distance from base to the highest point.
(3)
Decorative turrets or similar structures consistent with the architectural character of the building.
(4)
Safety railings or walls required by the New York State Uniform Fire Prevention and Building Code to enclose outdoor living space or decks, not exceeding the minimum height required by the State Code for such railings or walls.
B.
Lot area. In the TO Zoning District, no building shall be erected on a lot having an area of less than 1.5 acres.
C.
Lot width. In the TO Zoning District, no building shall be erected on a lot having a width of less than 150 feet at the front street line.
D.
Front yards. In the TO Zoning District, no front yard shall be required. To the extent practicable, buildings should be constructed to the front lot line.
E.
Side yards. In the TO Zoning District, no side yard shall be required. To the extent practicable, buildings should be constructed to the side lot line.
F.
Rear yards. In the TO Zoning District, there shall be a rear yard having a minimum depth of 15 feet.
G.
Building area. In the TO Zoning District, the total building area shall not exceed 80% of the lot area.
H.
Residential density. In the TO Zoning District, the maximum residential density shall be 35 dwelling units per acre.
I.
Dwelling unit size. In the TO Zoning District, the minimum dwelling unit size shall be 550 square feet.
J.
Floor area ratio (FAR). In the TO Zoning District, the maximum FAR shall be 1.5.
§ 183-66.4 General procedures.
A.
Application to Board of Trustees. An application to amend the Village Building Zone Map to apply the TO District shall be submitted to the Village Clerk, in accordance with the application procedures and requirements of this article. Any application to request incentive bonuses as promulgated in § 183-66.10 may also be considered by the Board of Trustees concurrent with the review of an application to amend the Village Building Zone Map. The applicant shall pay a filing fee established by the Board of Trustees and shall reimburse the Village for any expenses incurred by the Village to review said application and to comply with SEQRA, including the services of engineers, architects and environmental consultants.
B.
Re-use of existing buildings.
(1)
When the Board of Trustees finds that an existing building has cultural, historical or architectural significance to the Village, it may permit the repurposing of said building for one or more of the permitted uses listed in § 183-66.2. Said determination may be applied for, heard by the Board of Trustees and determined jointly with the application to amend the Village Building Zone Map to apply the TO District.
(2)
The Board of Trustees, at its discretion, may grant increased FAR, increased height, reduced parking requirements and may modify other land development standards or dimensional requirements of the Code for such buildings.
C.
Site plan review. Upon approval of an amendment of the Village Building Zone Map for the TO District, all development shall be subject to site plan review by the Planning Board.
§ 183-66.5 Design review.
A.
Design review procedures. The Planning Board shall also review the architectural design of structures and buildings, pursuant to the design considerations listed in Subsection C.
B.
Such application shall include at least one colored rendering. The Planning Board, as part of its review, may require an applicant to provide additional architectural design, elevation drawings, samples of materials or other information, as it shall determine.
C.
Design considerations. The objective of the design considerations for the TO Zoning District is to provide high-quality and complementary design of buildings, landscaping, parking, and other site and building design characteristics consistent with the Bay Village architectural theme and in view of the railroad station as a "Village Gateway." Special emphasis is placed upon methods that reduce the large-scale visual impact of buildings and encourage tasteful innovative design for individual buildings. The design considerations are as follows:
(1)
The principal building entrance and front should face the primary street frontage and sidewalk, or the Amityville LIRR train station, as appropriate.
(2)
Building design and landscaping should serve to reinforce and announce the main pedestrian building entrances and streetscape frontage. Any proposed building that includes ground-level parking or partially subsurface-level parking located under a building shall include an architectural and landscape treatment to screen the parking from the street.
(3)
Parking should be placed in the rear of lots, whenever possible, and should be adequately planted and landscaped in order to create an attractive point of arrival.
(4)
Walkways should be provided for safe and convenient pedestrian access to mass transportation.
(5)
Special materials, such as brick or cobblestones and picket fences, shall be used for walkways.
(6)
The exteriors of buildings shall utilize natural cladding materials such as wood, brick, stucco, stone, or a combination of such materials or their equivalent. The use of imitation, synthetic, metallic, and reflective materials shall be avoided, including, but not limited to, aluminum or vinyl siding, imitation brick or stone, or plastic.
(7)
Building shape, proportions, massing, and design should be appropriate to the historic character of downtown Amityville. Architectural features such as porches, porticoes, shutters, decorative door and window frames, balconies, cornices, dormers, chimneys, turrets, and spires should be used to reinforce a pedestrian scale and create interest and variety in the facade.
(8)
All signs shall be in accordance with § 144-6E, which establishes the regulations for signs within the TO Zoning District as follows: No sign shall be erected in the TO Zoning District except one wall sign and one freestanding sign. Said freestanding sign shall not be higher than 10 feet above ground level and shall not exceed 20 square feet, and shall contain only the name of the complex.
D.
When the Board of Trustees has determined that an existing building may be repurposed pursuant to § 183-66.4B, then the Planning Board shall be guided by the standards and goals of this article, but shall, in its review, give due consideration to the preexisting status of the building. Consideration shall be given to shared parking and complementary parking arrangements with other uses on the same or adjoining lots.
§ 183-66.6 Lighting.
Any development within the TO Zoning District shall comply with the provisions of Article I of Chapter 116, and this section. All parking areas, entries, walkways, corridors, passages, utility areas and front landscaping must be provided with adequate lighting, for safety purposes. Lights shall be adjusted or shielded so as not to shine into adjacent properties.
§ 183-66.7 Buffering and transitions.
A.
Trash/Dumpster areas shall be screened by an enclosure (such as wood fences, chain-link fences, vinyl fences, or masonry enclosures), as well as sufficient landscaping. Such screening shall be aesthetically pleasing, as well as durable to the satisfaction of the Planning Board.
B.
Wherever a TO-zoned parcel abuts upon a single-family residential parcel or building, there shall be suitable screening, fencing, landscaping, or buffer plantings, as determined by the Planning Board.
C.
The type, location, and extent of screening or fencing shall be determined by the Planning Board.
§ 183-66.8 Affordable housing.
Any project with five or more residential units shall comply with the requirements of Article 16-A, the Long Island Workforce Housing Act, of the New York General Municipal Law.
§ 183-66.9 Off-street parking.
[Amended 6-10-2024 by L.L. No. 4-2024]
In the TO Zoning District, the following off-street parking requirements shall apply:
B.
Shared parking.
(1)
The minimum required quantity of parking may be reduced when shared parking is used. Where credible evidence is provided that parking could be shared by the proposed uses with nearby uses, as provided by a traffic study, parking study, traffic counts, or data by a licensed traffic engineer, up to a 20% reduction in off-street parking may be permitted for shared parking. Shared parking shall be located within 500 feet of each use and may include on-street parking, off-street parking, and commuter parking areas. Such determination shall be at the discretion of the Planning Board and determined during the site plan approval process.
(2)
Shared parking lots with cross-access agreements are encouraged so as to allow drivers to park in one lot and walk to other properties without moving their cars, or to drive from one lot to another without returning to the street.
C.
Parking demand reduction. Given the transit-oriented nature of the area, as part of site plan review, applicants will be encouraged to explore techniques to reduce parking demand. Techniques may include, but are not limited to: parking management programs, promotion of and priority to car-sharing and ride sharing, parking cash-out programs, unbundled parking, provision of free or discounted transit passes, provision of bicycle parking facilities.
D.
Buffering. In order to soften the appearance of parking lots, parking lots shall be landscaped with ground cover, grasses, or low shrubs.
§ 183-66.10 Zoning incentives.
A.
In order to encourage development in accordance with this article and in accordance with the Village Law, the Board of Trustees is empowered to provide for a system of zoning incentives or bonuses in exchange for specific physical, social, or cultural benefits or amenities, as the Board deems necessary and appropriate, consistent with the purposes and conditions set forth herein.
B.
Community benefits or amenities.
(1)
The following community benefits or amenities may, at the discretion of the Board of Trustees, be accepted in exchange for one or more incentives, as provided in Subsection C:
(a)
Public parking: municipal or public parking provided in addition to the minimum required on-site parking. Alternatively, monetary contribution to the creation or improvement of public parking elsewhere in the community.
(b)
Open or park space: additional or passive open or park space available to the public. Alternatively, monetary contribution to the creation or improvement of open or park space elsewhere in the community.
(c)
Infrastructure improvements: infrastructure improvements above and beyond minimum requirements in the form of street furniture, lighting, pavers, plazas, and related public amenities, as well as improvements to sewer and water systems. Alternatively, monetary contribution to the creation or enhancement of similar improvements elsewhere in the community.
(d)
Other facilities or benefits to the residents of the community, as determined by the Board of Trustees.
(e)
Any combination of the above-listed community benefits or amenities.
(2)
These community benefits or amenities shall be in addition to any mandated requirements pursuant to other provisions in this article.
(3)
These community benefits or amenities may be either on or off the site of the subject application and may involve one or more parcels of land.
C.
Insentives or bonuses. The Board of Trustees may grant the following specific incentives:
(1)
Increased residential density. The Board of Trustees may grant an increased residential density of up to 48 units per acre. The highest density shall be reserved for applications that include substantial community benefits or amenities and have a total lot area greater than two acres.
(2)
Increased FAR. The Board of Trustees may grant an increased FAR of up to 1.75. The highest FAR shall be reserved for applications that include substantial community benefits or amenities and have a total lot area greater than two acres.
(3)
Increased height. The Board of Trustees may grant an increased building height of up to four stories or 48 feet in height. Increased height shall be reserved for applications that include substantial community benefits or amenities and have a total lot area greater than two acres.
(4)
Reduced parking requirements. The Board of Trustees may reduce the parking requirements for applications that demonstrate elevated transit usage, significant pedestrian and walkability amenities, and have a total lot area greater than two acres.
(5)
Modifications to other land development standards or dimensional requirements. The Board of Trustees, at its discretion, may modify other land development standards or dimensional requirements of the Code.
D.
Criteria and procedure for approval. Authorization of zoning incentives is subject to approval by the Board of Trustees upon referral from the Planning Board prior to the grant of site plan approval. The following procedures shall be followed for the approval of any incentive or bonus:
(1)
Submission of application. Applications for incentives in exchange for amenities shall be submitted to the Board of Trustees. In order to preliminarily evaluate the adequacy of the community benefit or amenity to be accepted in exchange for the requested incentive or bonus, the following information shall be provided by the applicant in addition to the information required as part of the site plan review:
(a)
A description of the incentive being requested.
(b)
A description of the proposed community benefit or amenity.
(c)
An estimate of the economic value of the proposed benefit or amenity to the public.
(d)
A narrative statement which:
[1]
Describes the benefits to be provided to the community by the proposed amenity.
[2]
Demonstrates that adequate services and facilities exist in the community that could accommodate the additional demand that would be generated by granting the incentive or bonus.
[3]
Explains how the proposed amenity promotes implementation of physical, social, or cultural policies.
(e)
Any additional information, as may be requested by the Board of Trustees.
(2)
Procedure.
(a)
Application completeness. The Code Enforcement Officer shall review any application for its compliance and completeness with the requirements of this article.
(b)
Planning Board review. Once the incentive and site plan application has been determined to be complete by the Code Enforcement Officer, the Planning Board shall begin its site plan review of the incentives and the overall site plan.
(c)
Planning Board hearing. The Planning Board shall then hold a public hearing on the incentives and site plan application.
(d)
Planning Board recommendation. The Planning Board shall then report to the Board of Trustees with its evaluation of the adequacy with which the amenity(s)/incentive(s) fits the site and how it relates to adjacent uses and structures upon completion of their proceeding with regard to the same, along with any general site plan comments. Site plan approval shall be subsequent to any approval of the incentives by the Board of Trustees.
(3)
Compliance with SEQRA. Every decision by the Board of Trustees concerning the application for use of incentive zoning on a particu